Regulatory role of Port State Control

Maritime regulations are required to ensure that shipping companies operate within the same standards of safety and environmental responsibility as applicable to companies operating on land.

Who are the regulators?

The maritime regulators who are responsible to formulate and implement the regulations are UN - IMO to regulate on matters related to ship safety, pollution prevention and security and ILO is responsible for laws governing the people on board the ship, the classification societies (the technical advisors) and the maritime states.  

Maritime states have two regulatory roles to play - one as Flag State who has governing power on its own flag ships and the second one as Coastal State, who has powers to enforce international law related to safe navigation and prevention of pollution on ships in its territorial waters.

Port State Control

More and more of ships were getting registered under the flag of convenience due to the commercially favourable terms of registration. Some of the flag states were not enforcing international maritime regulations on its own flag ships and this gave way to the Port State control movement.

UNCLOS 1982 allows coastal states to legislate for the “good conduct” of ships in their territorial seas. Using these rights to enforce international regulations in its territorial waters, the coastal states initiated the port state control movement.

This movement started in Europe in 1978 to ensure that foreign merchant ships calling at their ports comply with the relevant maritime conventions which was got formalized in 1982 by signing Paris MoU.  Ships may be subject to port state control inspection while at port or proceeding to a port to identify deficiencies in ships, its equipment or its crew.

Port State Control Inspection

The port state control maritime government uses its maritime agency (eg: Mercantile Marine Department) to undertake the inspection on ships which are in their territorial waters. The maritime agency employs professionally qualified maritime personnel such as marine surveyors/ superintendents etc to carry out the required inspections.

The port state control inspection normally has three parts: General external inspection of the ship, a check of certificates and ‘Walk around’ to inspect the condition of exposed decks, cargo handling gear, navigation and radio equipment, life-saving appliances, fire - fighting arrangements, machinery spaces, pollution prevention equipment, living and working conditions.

A detention order will be made in case of serious deficiencies.